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Website Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITES (DEFINED BELOW). YOUR USE OF THE SITES CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS AND PRIVACY POLICY, AVAILABLE HERE IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THE SITES.

Application

These Terms and Conditions apply to the websites, including www.rubiconhardwood.com, www.floorswww.com and/or www.rockwoodhardwood.com and any applications, platforms, services or other resources related to, distributed on, or available through the websites (the “Sites”). The Sites are operated by Rockwood Hardwood, Inc. (“Rockwood Hardwood”).

Copyrights

The Sites and the materials within it are © 2019 Rockwood Hardwood, Inc. Viewing the Sites creates a copy of Rockwood Hardwood materials in your computer’s random access memory and/or in your hard drive and/or in your proxy server.

Use License

Rockwood Hardwood grants you permission to view the Sites and to print individual pages from the Sites for your own personal, noncommercial use, provided that you agree to and accept without modification the notices, terms and conditions set forth in these Terms and Conditions. You may not modify, copy (except as set forth in the preceding sentence), distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material, software, products or services from the Sites.

Trademarks

The trademarks, service marks and logos (the “Trademarks”) used and displayed on the Sites are registered and unregistered Trademarks of Rockwood Hardwood and others. Nothing on the Sites should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Sites, without the prior written permission of the Trademark owner. Rockwood Hardwood aggressively enforces its intellectual property rights to the fullest extent of the law. The name of Rockwood Hardwood, the Rockwood Hardwood logo or the other Rockwood Hardwood formatives may not be used in any way, including in advertising or publicity pertaining to distribution of materials on the Sites, without prior, written permission from Rockwood Hardwood. Rockwood Hardwood prohibits use of the Rockwood Hardwood logo as part of a link to or from any site unless establishment of such a link is approved in advance by Rockwood Hardwood in writing. Fair use of Rockwood Hardwood’s Trademarks requires proper acknowledgment. Other product and company names mentioned in the Sites may be the Trademarks of their respective owners.

Product Orders, Content and Specifications

All features, content, specifications, products and prices of products and services described or depicted on the Sites are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Rockwood Hardwood makes all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on the Sites at a particular time does not imply or warrant that these products or services will be available at any time. While we will use our best efforts to fulfill all orders, Rockwood Hardwood cannot guarantee the availability of any particular product displayed on the Sites. Rockwood Hardwood reserves the right to discontinue the sale of any product listed on the Sites at any time without notice.

Product prices offered on the Sites may vary from other advertised prices due to varying conditions in different geographic markets.

The prices displayed on the Sites are quoted in U.S. dollars and are valid and effective only within the United States, and such prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order. While our goal is 100% error-free Sites, we do not guarantee that any content is accurate or complete, including price information and product specifications. If we discover price errors, they will be Fcorrected on our systems, and the corrected price will apply to your order. Rockwood Hardwood reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted and accepted).

Delivery of flooring products is “curbside” only. Any and all damage must be noted on the Bill of Lading prior to accepting delivery with signature.  Failure to do so will forfeit any damage claim.

Links to Third Party Sites

The Sites may contain links to Sites owned or operated by parties other than Rockwood Hardwood. Such links are provided for your reference only. Rockwood Hardwood does not control outside Sites and is not responsible for their content. Rockwood Hardwood’s inclusion of links to an outside Site does not imply any endorsement of the material on the Site or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does Rockwood Hardwood’s inclusion of the links imply that Rockwood Hardwood is authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked Site.

DISCLAIMERS

THE INFORMATION AND MATERIALS IN THE SITES ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS DO NOT NECESSARILY REFLECT THE OPINIONS OF ROCKWOOD HARDWOOD OR ANY OF ITS AFFILIATES OR AGENTS. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP-TO-DATE. YOU MAY NOT ACT OR RELY ON ANY INFORMATION OR MATERIALS IN THE SITES AND YOU PARTICULARLY SHOULD NOT MAKE ANY INVESTMENT DECISIONS BASED ON ANY INFORMATION OR MATERIALS IN THE SITES. YOU MUST INDEPENDENTLY VERIFY THE ACCURACY OF ALL SUCH INFORMATION AND MATERIALS BEFORE ACTING OR RELYING THEREON OR MAKING ANY INVESTMENT DECISIONS IN CONNECTION THEREWITH. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.

NO WARRANTIES; EXCLUSION OF LIABILITY

ROCKWOOD HARDWOOD MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF THE MATERIALS ON THE SITES FOR ANY PURPOSE. ALL SUCH MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. ROCKWOOD HARDWOOD SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND -NON-INFRINGEMENT. ROCKWOOD HARDWOOD SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SITES, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THE SITES OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THE SITES. YOUR USE OF THE SITES IS AT YOUR OWN RISK. IN NO EVENT SHALL ROCKWOOD HARDWOOD, ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITES, THE MATERIALS IN THE SITES, THE DELAY OR INABILITY TO USE THE SITES OR OTHERWISE ARISING IN CONNECTION WITH THE SITES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Submisisons

Rockwood Hardwood is pleased to hear from its customers and visitors to its website regarding its products and services. If you send or submit any information or material (e.g., postings to chat boards, blogs, e-mails, submissions to contests, or forwarding “before and after” pictures and/or commentary) to Rockwood Hardwood (the “Submissions”), the Submissions shall be deemed, and shall remain, Rockwood Hardwood’ property. The Submissions shall not be subject to any obligation of confidentiality on the part of Rockwood Hardwood and Rockwood Hardwood shall not be liable for any use or disclosure of the Submissions. By providing the Submissions to Rockwood Hardwood, you agree that Rockwood Hardwood has the right to publish the material for any purpose, including, but not limited to, advertising and promotional purposes.

Legal Disputes

You agree that this agreement and your use of the Sites are governed by the laws of the State of California, USA. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Los Angeles, CA, USA in all disputes (a) arising out of, relating to, or concerning the Sites and/or this agreement, (b) in which the Sites and/or this agreement is an issue or a material fact, or (c) in which the Sites and/or this agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization.

With the prior agreement of Rockwood Hardwood, any claim, dispute or controversy arising out of, relating to or concerning the Sites and/or this agreement shall be decided by binding arbitration in accordance with the Rules of the American Arbitration Association and any such arbitration proceedings shall be brought and held in Los Angeles, CA, USA. The decisions of the arbitrators shall be binding and conclusive upon all parties involved and judgment upon any award of the arbitrators may be entered by any court having competent jurisdiction. This provision shall be specifically enforceable in any court of competent jurisdiction.

Use of the Sites is unauthorized in any jurisdiction that does not give full effect to all provisions of this agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Rockwood Hardwood has endeavored to comply with all legal requirements known to it in creating and maintaining the Sites, but makes no representation that materials on the Sites are appropriate or available for use in any particular jurisdiction. Use of the Sites is unauthorized in any jurisdiction where all or any portion of the Sites may violate any legal requirements and you agree not to access the Sites in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this agreement is at your own risk and, if any part of this agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use.

Revisions to the Terms and Conditions

You agree that Rockwood Hardwood may at any time and without notice change the terms, conditions and notices under which the Sites is offered.

Other Matters

You agree that no joint venture, partnership, employment or agency relationship exists between you and Rockwood Hardwood as a result of this agreement or your use of the Sites.

Rockwood Hardwood’s performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of Rockwood Hardwood’s right to comply with law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by Rockwood Hardwood with respect to such use.

Entire Agreement

This agreement, the Rockwood Hardwood Privacy Policy, terms of sale, and other applicable terms that may apply to a particular purchase or interaction with us, constitute the entire agreement between you and Rockwood Hardwood with respect to the Sites. This agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Rockwood Hardwood with respect to the Sites. No modification of this agreement shall be effective unless it is authored by Rockwood Hardwood, Inc. or its affiliates, or unless it is physically signed in blue ink by a Rockwood Hardwood officer. Any alleged waiver of any breach of this agreement shall not be deemed to be a waiver of any future breach. A printed version of this agreement and/or of any notice given by Rockwood Hardwood in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement or your use of the Sites to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Rockwood Hardwood in printed form.

Installation

As a courtesy, Rockwood Hardwood provides information to its customers concerning the installation of products sold by Rockwood Hardwood and related issues. Such information is not exhaustive and does not take the place of an installer’s expertise, due care and informed judgment. Unless contracted directly with Rockwood Hardwood, Rockwood Hardwood is not in the business of selling, arranging or scheduling flooring installation. Unless contracted directly with Rockwood Hardwood, Rockwood Hardwood disclaims any liability arising from or relating to the information provided herein including, but not limited to, improper installation, site conditions, inappropriate installation location or improper care and maintenance of the flooring.

Inappropriate Material

You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from the Sites. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

Termination

We may suspend or terminate your account or your use of the Sites at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of the Sites at any time without notice.

Contacting Us

If you have any questions about the Terms and Conditions, please call us at 1-800-366-4204, use the contact us page at www.rubiconhardwood.com, www.floorswww and/or www.rockwoodhardwood.com or write to us at the following address:

Rockwood Hardwood, Inc.

Customer Care Dept.

2217 Artesia Blvd

Redondo Beach, CA 90278

Although Rockwood Hardwood will in most circumstances be able to receive your e-mail or other information provided through the Sites (including, without limitation, service requests and other submissions), Rockwood Hardwood does not guarantee that it will receive all such e-mail or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such e-mail or other information. Be aware that Internet e-mail typically is not secure.

Copyright © 2019 Rockwood Hardwood, Inc. All Rights Reserved.

Rockwood Hardwood is a registered trademark of Rockwood Hardwood, Inc.